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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8878
Experience:  Dual qualified Solicitor and Attorney
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I own a house in high wycombe and there is an access road at

Customer Question

i own a house in high wycombe and there is an access road at the back of my house which we use so that we can park our cars. A little bit of that land is owned by Red Kite. I have lived in my house for 14 years and Red Kite do not maintain the land nor have they ever come to check on it. I offered to buy it from them and they have come back with a fee of 20k which is absolutely horrendous as i thought at least 5k. Can i claim this land via adverse possession?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Nothing - i paid red kite 70 admin fee then 980 for surveyor fees
JA: Have you talked to a lawyer about this?
Customer: not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Property Law
Expert:  Jeremy Aldermartin replied 1 year ago.

Hi thank you for your message, in order to claim adverse possession you need to be able to demonstrate exclusive use of the land, can you do that or have other people used the land such as to park their cars?

Customer: replied 1 year ago.
No other persons park there cars there. What happened was when the houses were built in 1950s the owners asked the council if they could clear the land at the back (the houses back onto the woods) so that they could all build garages. The council gave them permission on the understanding that they would be responsible of maintaining it. So there are about 7 houses that use the access road to get to their garages. Now a small piece of each of our land now belongs to Red Kite as the council sold them all the bits of land.
Customer: replied 1 year ago.
The reason u want the land is to build a proper driveway. Red Kite have never bothered about the land and didnt even know about it till I mentioned it to them last august
Expert:  Jeremy Aldermartin replied 1 year ago.

I see so the adverse possession would be for your little bit of land where you park and the other 6 houses would have theirs?

Expert:  Jeremy Aldermartin replied 1 year ago.

Have red kite given permission for you to use the land for this purpose?

Customer: replied 1 year ago.
I was told that if you used the land for a certain number of years you could.claim it?
Expert:  Jeremy Aldermartin replied 1 year ago.

Yes but it has to be without permission. The number of years is 12 years but and this is important as the system changed, even if you could prove that you met all the criteria which you cannot if the owner gave permission for the use, then you would need to apply for adverse possession at which point the owner would be informed of your application and they can object to your application and it would be rejected and then they have two years to remove or prevent your use of the land. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 1 year ago.
Great thank you and well do
Expert:  Jeremy Aldermartin replied 1 year ago.

Glad I could help and thank you, ***** ***** system should be just in the top right of your screen out of 5 stars. If you are on a mobile it will be at the bottom of your screen.